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2005 Supreme(P&H) 1247
PUNJAB & HARYANA HIGH COURT
M.M.Aggarwal, J.
Paramjit Singh
Versus
State Of Punjab
Criminal Revision No. 1952 of 2005,
Decided On : DECEMBER 8, 2005
The conclusive nature of the birth certificate as proof of the petitioner's date of birth, determining his status as a juvenile under the Juvenile Justice Act.
Headnote:
Juvenile - Age Determination - The court held that the birth certificate issued by the Registrar of Births and Deaths was conclusive proof of the petitioner's date of birth, making him a juvenile at the time of the offense, and thus subject to the Juvenile Justice Act.
Fact of the Case:
The petitioner sought to be treated as a juvenile based on his date of birth, as he was accused of an offense committed when he was allegedly a minor. The Sessions Judge rejected the application, citing an ossification test and the petitioner's marriage and child as evidence of his adulthood.
Finding of the Court:
The court set aside the order of the Sessions Judge, holding that the birth certificate was conclusive proof of the petitioner's date of birth, making him a juvenile at the time of the offense, and thus subject to the Juvenile Justice Act.
Issues: The main issue was the determination of the petitioner's age at the time of the offense, and whether he should be treated as a juvenile based on the birth certificate or other evidence.
Ratio Decidendi: The court relied on the conclusive nature of the birth certificate issued by the Registrar of Births and Deaths, disregarding the ossification test and the petitioner's marriage and child as evidence of his adulthood.
Final Decision: The order of the Sessions Judge was set aside, and the petitioner was held to be a juvenile, to be tried in accordance with the Juvenile Justice Act.
M.M.Aggarwal, J.
1. This is a petition against order dated 31.8.2005 of Sessions Judge, Ferozepur whereby application of the accused-petitioner for treating him as juvenile was rejected.
2. The date of occurrence is 20.6.2001. The deceased in the case is wife of the petitioner.
3. According to the petitioner, he was less than 18 years and was a juvenile on the date of occurrence as per provisions of Juvenile Justice (Care and Protection of Children) Act, 2000.
4. On behalf of the petitioner, a certificate issued by Registrar of Births and Deaths Ferozepur had been produced showing the date of birth to be 21.6.1983. However, ossification test was conducted and it was reported that age was between 18-1/2 and 21 years. It came out that petitioner had married the deceased two years before occurrence and even had got a female Child born.
5. The Sessions Judge Ferozepur found that witnesses produced in support of the birth certificate Ex. D-1 had not clearly stated as to on which date petitioner was born and that the birth was registered on 1.7.1983. He also found that a person cannot marry before 21 years and since petitioner was married two years before the occurrence, he cannot be treated to be juvenile.
6. In this case, there is certificate issued by Registrar of Births and Deaths Ferozepur showing Paramjit Singh son of Chiman Singh having born on 21.6.1983. This birth had been registered on 1.7.1983. The witnesses Chiman Singh and Jagtar Singh and Pahlo who appeared before the Sessions Judge in the enquiry about the age of the petitioner, had stated that Paramjit Singh was born at 10/11 P.M. in the month of Harrh but Sessions Judge did not place reliance on the ground that year of birth was not mentioned by those witnesses. The witnesses could not possibly give exact date of birth after so many years of the birth but when the birth had been registered in the office of Registrar of Births and Deaths as far back as on 1.7.1983 and name of the petitioner is mentioned as child born on 21.6.1983, then this has to be taken as a conclusive proof of the date of birth of the petitioner. The ossification test or any other circumstance of his having married two years earlier will not weigh. Now taking the date of birth of the petitioner to be 21.6.1983, he was juvenile as on the date of offence which took place on 20.6.2001. Under these circumstances, order dated 31.8.2005 of Sessions Judge, Ferozepur is set aside. Petitioner is held to be juvenile and shall be tried in accordance with provisions of Juvenile Justice (Care and Protection of Children) Act, 2000.
